• Title/Summary/Keyword: without recourse

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A Study on Export Bond Insurance as a Security for Independent Bank Guarantee in International Transactions (국제거래에서 독립적 은행보증서에 대한 담보장치로서의 수출보증보험에 관한 연구)

  • Kim, Sang-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.59-85
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    • 2008
  • An independent bank guarantee(aka an independent guarantee) is provided as an security on a principal obligor's performance of his obligation, and a guarantor should pay the guaranteed amount only upon a beneficiary's written demand. A standby letter of credit has been used in the United States, since it was construed that a bank should not issue a guarantee. There was wide misunderstanding that a standby letter of credit differs from an independent bank guarantee. However, a standby letter of credit is the same security as an independent bank guarantee, and in international business a standby letter of credit is not differentiated from a independent bank guarantee. An independent bank guarantee are independent from the underlying contract, unconditional, and irrevocable. And a guarantor should pay upon written demand without proving a principal obligor breaches the underlying contract. These features of an independent bank guarantee has been abused in international transactions. Thus it has been proposed that some exceptions to the features of an independent bank guarantee should be allowed. United Nations Convention on Independent Guarantees and Standby Letter of Credit(1995) stipulates some exceptions to payment obligation. Export bond insurance, a part of export insurances, operated by the Korea Export Insurance Corporation under the Export Insurance Act, is used as a security for unfair calling by a beneficiary under an independent bank guarantee. Most of the export subsides by the government are prohibited under WTO's Agreement on Subsidies and Countervailing Measures. However, as export insurance is allowed under the WTO, it operates a significant role in enhancing the export. In the event that export bond insurance is provided for a guarantor, an obligor who is subject to recourse by a guarantor, can be exempt from the recourse in case of unfair calling. The Korea Export Insurance Corporation, an insurer, bears unfair calling risk by a beneficiary. Generally it is understood that a demand shall be made before the expiry of an independent bank guarantee. However this is not absolutely true, it shall be decided by URDG, ISP98, the governing law.

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Photometric Variability of Symbiotic Stars at All Time Scales - Magellanic Cloud Systems

  • Angelnoi, Rodlfo
    • The Bulletin of The Korean Astronomical Society
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    • v.42 no.2
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    • pp.38.1-38.1
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    • 2017
  • Symbiotic stars are long-orbital-period interacting binaries characterized by extended emission over the whole electromagnetic range and by complex photometric and spectroscopic variability. In this contribution, I will present some high-cadence, long-term optical light curves of confirmed and candidate symbiotic stars in the Magellanic Clouds. By careful visual inspection and combined time series analysis techniques, we investigate for the first time in a systematic way the photometric properties of these astrophysical objects, trying in particular to distinguish the evolutionary status of the cool component, to provide its first-order pulsation ephemeris and to link all this information with the physical parameters of the binary system as a whole. Finally, I will discuss a new, promising photometric technique, potentially able to discover Symbiotic Stars in the Local Group of Galaxies without the recourse to costly spectroscopic follow-up.

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Interface element method (IEM) for a partitioned system with non-matching interfaces (일치하지 않는 경계를 갖는 분리된 시스템을 위한 계면 요소법)

  • Kim, Hyun-Gyu
    • Proceedings of the KSME Conference
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    • 2001.11a
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    • pp.324-329
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    • 2001
  • A novel method for non-matching interfaces on the boundaries of the finite elements in partitioned domains is presented by introducing interface elements in this paper. The interface element method (IEM) satisfies the continuity conditions exactly through interfaces without recourse to the Lagrange multiplier technique. The moving least square (MLS) approximation in the present study is implemented to construct the shape functions of the interface elements. Alignment of the boundaries of sub-domains in the MLS approximation and integration domains provides a consistent numerical integration due to one form of rational functions in an integration domain. The compatibility of displacements on the boundaries of the finite elements and the interface elements is always preserved in this method, and the completeness of the shape functions of the interface elements guarantees the convergence of numerical solutions. The numerical examples show that the interface element method is a useful tool for the analysis of a partitioned system and for a global-local analysis.

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Analysis of Vibration Characteristics by Using Electro-Optic Holography Method (전자광학 Holography법을 이용한 진동 특성 해석)

  • 김경석;차용훈;김형택;정현철;양승필;김정호
    • Journal of the Korean Society for Precision Engineering
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    • v.15 no.4
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    • pp.98-104
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    • 1998
  • Recently. a new technique called Electronic Speckle Pattern Interferometry(ESPI) has been developed to overcome the drawbacks of existing holography. This technique enable real-time interference fringes to be displayed directly on TV monitor without recourse to any form of photographic processing. This research was carried out for the purpose of applying the vibration analysis method employing Electronic Speckle Pattern Interference technique to the vibration analysis of uniform rectangular cantilever plate. The natural vibration frequencies found by ESPI were in fair agreement with theoretical eigen frequencies acquired using theoretical formula G. B. Warburton proposed.

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Nodal pattern analysis of plane plate by using ESPI (ESPI를 이용한 평판의 Nodal Pattern 해석)

  • 김경석;정현철;양승필;김정호;이도윤;김태열;김형택
    • Proceedings of the Korean Society of Precision Engineering Conference
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    • 1996.11a
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    • pp.377-383
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    • 1996
  • Recently, a new technique called Electronic Speckle Pattern Inteferometry(ESPI) has been developed to overcome the drawbacks of existing holography. This technique enable real-time interference fringes to be displayed directly on TV monitor without recourse to any form of photographic processing. This research was carried out for the purpose of applying the vibration analysis method employing Electronic Speckle Pattern Interference technique to the vibration analysis of uniform rectangular cantilever plate, The natural vibration frequencies found by ESPI were in fair agreement with theoretical eigen frequencies acquired using theoretical formula G. B. Warburton proposed.

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A Study on the International Factoring Agreement for Improvement of Korean Civil Law (국제팩토링계약과 한국민법의 개선점에 대한 연구)

  • HAN, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.70
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    • pp.21-38
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    • 2016
  • The trend of payment terms of an international trade has been changed from letter of credit to open account. In this regard factoring has come out to support SMEs in terms of financing on a without recourse basis. However, factoring is in Korea is not workable softly due mainly to legal system affecting smooth assignment of receivables. Therefore this study suggest the following solutions : Korean Civil Law shall be modified to protect factor's position as a right creditor to debtor and protect factor's position when perfection among several creditors are incurred. However, formal modification to this end would not be easy in short run and it is suggested that a special law be established in case a commercial receivable assignment both domestic and internationally happens between seller and factor.

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The study of a chopper-type transistorized d.c. amplifier circuit (교류변환형 트란지스터식 직류증폭회로에 관한 연구)

  • 한만춘;최창준
    • 전기의세계
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    • v.18 no.5
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    • pp.12-19
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    • 1969
  • The sensitivity of transistorized d.c. amplifiers is mainly limited by drift at operating point caused by ambient temperature changes. A chopper-type transistorized amplifier is necessary to obtain a high sensitivity without recourse to drift compensation which requires the adjustment of several balancing controls. A chopper-stabilized system consisting of an electro-mechanical chopper for input and output and a high-gain a.c. amplifier is designed and analyzed. The gain of the a.c. amplifier, expressed as the ratio of voltages, is larger than 80db in the band of 50C/S - 100KC/S. The complete system gives an open-loop gain of 68db at direct current. The offset voltage is 20.mu.V referred in input and the voltage drift at the input is less than 10.mu.V/hr at 25.deg.C. This type of amplifier would be useful for the high-gain transistorized d.c. amplifier for analog computers. Also, due to the high input impedance, it is suitable for amplification of signals from wide range of source impedances.

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A Study on the Exporter's Measures against Credit Risks in International Payment System - focus on international factoring.forfaiting - (국제대금결제에서의 신용위험 대처방안에 관한 연구 - 국제팩토링.포페이팅을 중심으로 -)

  • Oh, Won-Suk;Park, Se-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.143-175
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    • 2008
  • The documentary letter of credit is the most preferred and frequently used method in International Payment System in Korea, as it has less possibility of occurring credit risks in export than any other payment system. That's because the exporter can get payment from the issuing bank(confirming bank) by delivering the goods and presenting documents following the required procedure under the letter of credit, as the payment is affirmed by the issuing bank(including the confirming bank in case of the confirmed letter of credit) regardless of the buyer's payment. However, the pattern of payment methods used in international trade of Korea is changing dramatically like the importance of the credit is decreasing continuously among the payment methods while the remittance is increasing. The increase of remittance has a positive aspect that International Payment System are changing into those of advanced countries, but the decrease of the credit also has a negative aspect that the exporter might have a greater credit risks. Therefore, we need a systematic device to deal with this. Exporters in Korea usually have used the export credit insurance to deal with the credit risks However, the export credit insurance also have a limitation as the policy finance due to the limitation based on the credit status of the business and the limitation of acceptance from the lack of financial resources of the government, etc. Korea, which is the 11th export power in the world, has a basic limitation to deal with the credit risks by depending on the export credit insurance only. So, in this thesis, I have studied on the international factoring, forfaiting, which are advanced export finances and widely used in advanced countries, as substitutes to deal with the credit risks. the international factoring is an trade financing in which a factor offers full services such as credit cover, offering prepayment, collection, account receivables, management, etc, instead of the exporter on the account receivables occurred by the exporter's delivering goods to the importer. This international factoring has a high possibility of using as a means to deal with the credit risks, because it offers prepayment without recourse. the forfaiting is another export financing in which a forfaiter purchases the draft, the promissory note and other negotiable instruments issued from the international trade, with fixed interest rate without recourse from the exporter or previous holder. By using this method, they can avoid foreign exchange risks, contingency risks as well as credit risks, as the conveyances like the promissory note, etc are issued with the note warranty so-called 'per aval' in business practice. These trade financing are good substitutes to deal with the credit risks in export, but they are not widely used in Korea. Though it can be explained with various reasons, the common reasons are the lack of understanding on the use of advanced export finance, the lack of experts to manage the advanced trade finance, the conservative way of thinking of domestic organizations related to trade financing, the lack of organizations supporting the trade financing, etc.

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A Study on Risk Management of Concerned Parties in Forfaiting

  • Park, Se-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.52
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    • pp.25-44
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    • 2011
  • Possibility of credit risk, foreign exchange risk and interest rate risk of exporter increases in the recent international Commercial transactions, due to financial crisis of Europe and liberalization of Middle East. Under this circumstance, Forfaiting is trade finance that forfaiter purchase negotiable debt instrument without recourse from exporter, which occurred related with international commercial transactions, and credit risk, contingency risk, foreign exchange risk and interest rate risk of exporter can be transferred to forfaiter. Forfaiting is typically medium-term finance(three to five years) concluded at fixed interest rate, although it can also arranged on a floating interest-bearing basis for periods from six months to ten years or more. But Forfaiting service of Korea has limitation as follows. First, forfaiting in Korea deals with unrestricted irrevocable documentary credit as debt instruments. Period that forfaiting is provided is short and amount of money is limited, compared with advanced forfaiting. But forfaiting provided in advanced countries deals with various methods such as guarantee for bill, payment guarantee, and can be resold in financial market. Recently importance of forfaiting is increasing in international commercial transactions. Therefore profound study on forfaiting is required. The study will examine the risk that happens to the concerned parties in forfaiting, and its management measures. The study adopted literature review method such as local and foreign books and papers about trade finance, internet information about forfaiting, and professional journal related with international finance.

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A Study on Governing Rule in Export Financing Related Account Receivable Assignment (수출금융에 있어서 채권양도계약의 준거법에 대한 소고)

  • Oh, Won-Suk;Han, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.89-109
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    • 2011
  • Among various export financing, forfaitng and factoring give a comfort to exporters as those special financing schemes are extended to them on a without recourse basis. This is good for the exporters in terms of financing and risk cover of buyer or LC issuing banks. To enjoy this benefit, the SME exporters should, however, know the risks involved in sales contract. For example, if the export and importer set Korean law as governing law in the sales contract especially for open account exports, the exporter's receivables might be not welcome by factors according to provisions of Korean Conflict Law and it's application. Those regulations tell that the factor's position would be unstable when the sales contact limit exporter's assignment of receivables to the factor when the sales contract is subject to Korean law. Also the exporters should know related regulation of importer which might affect the assignment of receivables as well. This paper suggests the Korean exporters take internationally recognized agreement/convention such as UNI|DROIT Convention on International Factoring, UN Convention on the Assignment of Receivables in International Trade.

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